| > nothing precludes states from legislating morality You seem to be confused or at least "cloudy" about some things. The U.S. has the concept of separating religion from government (https://en.wikipedia.org/wiki/Separation_of_church_and_state). Government does and should regulate behavior. But, morality based on religious beliefs becomes a problem, when the beliefs of particular religious groups are imposed on others who don't believe as they do. Effective government would find the correct balance, where the laws reflect what's best for the majority and protects individual rights and freedoms within reason. > The state has the power to regulate, but simply tolerates abortion under certain conditions. The issue the U.S. will now be running into, is that various states will have conflicting laws on abortion, adding to chaos and confusion. The extremism involved in total or nonsensical abortion bans by various states, like even in cases of: rape, statutory rape, teenage/child pregnancy, incest, life of mother in danger, high percentage chance child will have major birth defects, various contraceptive measures (IUDs, abortion pills) etc... Then becomes a matter of showing a callous attitude of destroying and endangering the lives of various women and even the children they might be forced to bear. |
As someone who wishes this was codified in our constitution, I'm afraid the 'concept' is held relatively weakly.
Clarence Thomas has stated, regarding the Establishment Clause: 'The text and history of this Clause suggest that it should not be incorporated against the States.'
I wouldn't be surprised if there is concurrence among the conservative justices sans Roberts.